Help for a person who has been sentenced for rape

[Bond007]

Hi I am wanting some advice on behalf of a friend who had been sentenced for raping his wife in July 2013. I know that the is innocent as the wife had only accused him in order to to stay in the UK as she was a foreign national anfd this was the only way for her to stay here. My friend is also a foreign national and he wanted to return to his home country when his work permit visa expired in June 2012. Howevr he has been sentenced to 5 years in a Scottish prison. He has exhausted all appeals.
He requested to be deported back to his home country but the authorities have said to him that he needs to complete the minimum sentence in custody.
I am wondering if there is any advice available to pursue a case for release from prison and to be deported back to his home country and when is the best time to do this.

Regards

[Rights Fighter]

From the time scale you mention he cannot have "exhausted all appeals". Scottish Criminal Cases Review Commission next.....

[Bond007]

Thankyou for your reply. I did speak to him about SCCRC but he had been told that if he pursued this his early deportation would be in jeopardy. He is lost as to what to do next as SCCRC does take a long time.

[Rights Fighter]

Thankyou for your reply. I did speak to him about SCCRC but he had been told that if he pursued this his early deportation would be in jeopardy. He is lost as to what to do next as SCCRC does take a long time.

You want him deported? That's how it reads. If this is the last chance then surely take it? You will need somebody who knows what they are doing, to review the case though, such as a solicitor or somebody who is au fait with Scots law.

[Bond007]

Hi Rights Fighter, sorry never got a notification you had replied until I checked!
No we don't want him deported we want him to stay and fight his case through the SCCRC. He thought that he would not have to serve a long sentence if he requested to be deported. However this has not proved to be the case. He is now pursuning a review.
Is there any solicitors in Scotland that are capable of handling a case like this? As the solicitors and advocates that we have used have not fought his case properly nor have they put an effective appeal in.
The appeal looked a non starter as the trial judge was the second highest judge in the country. So we would not expect any judge looking at the case to go against this judge.
Can anyone help?

[Rights Fighter]

Why would the 2nd highest judge in the country be presiding over a Crown court case? Are you sure of that?

You don't say which part of Scotland you / your friend is in. You'd need to find somebody around the area who specialises in false allegations of sexual abuse and who has experience in appealing such cases.

You might find a solicitor in the area on this link

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

[Bond007]

Yes the case was presided by Lord Carloway, the second most senior judge in the country. This is the guy who wants to abolish the corroboration rule. So we had no chance in hell in getting a successful appeal.
We are based in the Glasgow area and my friend is in Glenochil prison which is 35 miles from Glasgow near Stirling.
I know that he has been wrongly convicted but the justice system in this country is manipulated by pressure groups who want to see more and more men being convicted for sexual offences with flimsy evidence. Basically you have to prove your innocence in court. If you have a rubbish defence team then you are in real trouble. That is what appears to have happened in this case.
Thanks for the link I will look at that.